What Is PUWER? The Work Equipment Regulations Explained

PUWER is the Provision and Use of Work Equipment Regulations 1998, the law in Great Britain that makes employers responsible for the safety of almost every piece of equipment used at work — from a hammer or a vacuum cleaner to a CNC machine or a dumper truck. It requires equipment to be suitable, maintained, inspected where it can deteriorate dangerously, guarded, and used only by people with adequate information and training. What PUWER does not do is set a fixed annual inspection or require a “PUWER certificate” for most equipment: HSE says inspection frequency should be decided by risk assessment, and that there is no requirement to keep a maintenance log at all.

At a glance: Nexis CPD’s £9 Work Equipment Awareness course covers the safe use of work equipment and the controls that prevent injury. It is CPD accredited and 100% online with a verifiable e-certificate, and any three courses cost £18. It is awareness training: it supports your PUWER training duty but does not replace equipment-specific, hands-on instruction, and it is not a regulated qualification.

What does PUWER stand for, and what counts as work equipment?

PUWER stands for the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306). They came into force on 5 December 1998 and replaced the original 1992 regulations.

The definition of work equipment in regulation 2 is deliberately broad:

“any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not)”.

The words “whether exclusively or not” matter. A kettle in a staff kitchen, a laptop, a pair of scissors in a salon and a ladder in a shop stockroom are all work equipment, even though you could also find them at home. HSE’s Approved Code of Practice, L22 Safe use of work equipment (fourth edition, 2014), gives examples from “toolbox tools” such as hammers and knives to photocopiers, combine harvesters, ladders and whole installations such as scaffolding.

L22 also lists what is not work equipment: livestock, substances (for example acids, cement or water), structural items such as walls, stairs, roofs and fences, and private cars. Company vehicles used for work, however, do fall within PUWER.

“Use” is just as wide. Regulation 2 defines it as “any activity involving work equipment”, including “starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning”. So the cleaner who wipes down a food slicer and the engineer who services it are both using it for PUWER purposes.

Who has duties under PUWER?

Regulation 3 puts the duties on employers in respect of equipment “provided for use or used by an employee of his at work”. The same requirements also apply to:

• relevant self-employed people, for the equipment they use at work (HSE’s equipment FAQs say that if you are self-employed and your work poses no risk to the health and safety of others, health and safety law may not apply to you);
• anyone who has control “to any extent” of work equipment, of people who use or supervise its use, or of the way it is used — to the extent of that control. This is what brings in landlords, site managers, principal contractors and hire companies.

Three situations catch people out:

• Employees’ own tools. HSE’s overview says work equipment “includes equipment which employees provide for their own use at work”, and L22 gives the example of builders using their own trowels or hammers. A hairdresser’s own straighteners or a mechanic’s own socket set are still the employer’s concern under PUWER.
• Hired equipment. HSE’s FAQs say hire companies are suppliers under section 6 of the Health and Safety at Work Act and must carry out pre-hire testing and inspection so far as reasonably practicable. But, unless the hire agreement says otherwise, the hire company “can’t normally be responsible for the day-to-day and other pre-use safety checks which should be undertaken by the user”.
• Equipment used by the public. L22 says that if you provide work equipment for members of the public — its examples are compressed air on a garage forecourt and lifts in a shopping centre — you do not have duties under PUWER. The public are still protected by the general duties in the Health and Safety at Work etc. Act 1974.

PUWER applies in every sector where the 1974 Act applies — schools, hospitals, care homes and offices as much as factories — and L22 confirms it covers equipment used by homeworkers.

What are the main requirements of PUWER?

The key regulations are:

• Regulation 4 — suitability. Equipment must be “so constructed or adapted as to be suitable for the purpose for which it is used or provided”, and used only for operations and conditions for which it is suitable.
• Regulation 5 — maintenance. Equipment must be “maintained in an efficient state, in efficient working order and in good repair”, and any maintenance log that exists must be kept up to date.
• Regulation 6 — inspection where safety depends on installation, or where equipment is exposed to conditions causing dangerous deterioration (see below).
• Regulation 7 — specific risks. Where use involves a specific risk, only the people given that task may use it, and only specifically designated, trained people may repair, modify, maintain or service it.
• Regulations 8 and 9 — information, instructions and training for users, supervisors and managers.
• Regulation 10 — conformity with product supply law for equipment first provided after 31 December 1992.
• Regulation 11 — dangerous parts of machinery, following a strict hierarchy of guarding.
• Regulation 12 — specified hazards such as ejected parts, rupture, fire and unintended discharge.
• Regulations 13 to 24 — temperatures, controls, emergency stops, isolation, stability, lighting, maintenance operations, markings and warnings.
• Parts III and IV — extra rules for mobile work equipment (regulations 25 to 30) and power presses (regulations 31 to 35).

PUWER itself contains no free-standing duty to do a risk assessment. L22 points out that this comes from the Management of Health and Safety at Work Regulations 1999, and your risk assessment is what tells you how much inspection, guarding and training each piece of equipment needs.

Is there a PUWER inspection certificate, and how often must equipment be inspected?

For most equipment, no law sets a fixed interval and no law requires a certificate. Regulation 6 requires inspection in three situations only:

• where the safety of equipment “depends on the installation conditions” — after installation and before first use, and after assembly at a new site or location;
• where equipment is “exposed to conditions causing deterioration which is liable to result in dangerous situations” — “at suitable intervals”;
• each time “exceptional circumstances” liable to jeopardise its safety have occurred, such as major modification, known or suspected serious damage, or a big change in how it is used.

HSE’s page on inspection of work equipment is refreshingly direct: “Not all work equipment needs formal inspection to ensure safety and, in many cases, a quick visual check before use will be sufficient.” The need for inspection and its frequency “should be determined through risk assessment”, taking account of the manufacturer’s recommendations, industry advice and your own experience. Intervals can be lengthened if the inspection history shows negligible deterioration, or shortened where experience shows that is necessary.

HSE gives three levels of inspection as examples:

• quick checks before use — such as the cable condition on hand-held power tools, or testing the brakes and lights on mobile machinery;
• weekly checks — such as the presence of guards, the function of safety devices, tyre pressures, and the windows, mirrors and CCTV on mobile plant;
• more extensive examinations every few months or longer — such as the general condition of a ladder, close examination of a safety harness, or portable appliance testing.

Regulation 2 defines inspection as “such visual or more rigorous inspection by a competent person as is appropriate”, including testing where appropriate. HSE says the inspector must know what to look at, what to look for and what to do about a problem, and warns that requiring too much detail risks a “superficial ‘tick box’ approach”: “You only need to inspect what is necessary for safety.”

Where an inspection is required under regulation 6, two record rules apply. The result must be recorded and kept until the next inspection is recorded (regulation 6(3)); HSE says records do not have to be on paper, and “Records are not normally required to be made for the simplest pre-use checks.” And equipment must not leave your business, or be used in it if it came from someone else’s, without “physical evidence” that the last inspection was done (regulation 6(4)) — HSE suggests an inspection report or, for smaller items, tagging, colour coding or labels.

The fixed intervals people remember usually come from elsewhere:

• Power presses are the exception inside PUWER. Regulation 32 requires a thorough examination at least every 12 months where the press has fixed guards only, and at least every 6 months in other cases. Regulation 33 requires guards and protection devices to be inspected and tested by an appointed person after tool setting and before the end of the fourth hour of each working period, with a signed certificate.
• Lifting equipment is excluded from regulation 6 and examined under LOLER instead, which sets 6- and 12-month intervals unless an examination scheme applies.
• Work at height equipment covered by regulation 12 of the Work at Height Regulations 2005, and certain construction equipment inspected under the CDM Regulations 2015, are also excluded from regulation 6.

Portable appliance testing is a good example of the risk-based approach: HSE lists it as one form of inspection, but no law requires an annual PAT test. See our guide to whether PAT testing is a legal requirement.

Do you have to keep a maintenance log under PUWER?

No. Regulation 5 requires equipment to be maintained in an efficient state, in efficient working order and in good repair, and says that “where any machinery has a maintenance log, the log is kept up to date”. HSE’s FAQs spell out what that means: “There is no requirement to keep a maintenance log. However, it is recommended that employers keep records of maintenance for high-risk equipment.”

The duty is about the condition of the equipment, not the paperwork. HSE’s page on maintenance of work equipment says employers who provide anything from hand tools and ladders to power tools and larger plant “need to demonstrate that you have arrangements in place” to keep them safe. These usually include following the manufacturer’s instructions, a way for workers to report faulty equipment, and maintenance only by competent people.

HSE notes that “Unsafe maintenance has caused many fatalities and serious injuries” — for example a worker crushed when the hoist he was maintaining started up because the power had not been isolated. Regulation 22 therefore requires equipment to be designed or adapted so that, so far as reasonably practicable, maintenance involving risk can be done while it is shut down.

What does PUWER say about guarding dangerous parts of machinery?

Regulation 11 requires effective measures either to prevent access to any dangerous part of machinery, or to stop the movement of the dangerous part before any part of a person enters the danger zone. It sets a strict order of preference:

1. fixed guards enclosing every dangerous part, where and to the extent that this is practicable; then
2. other guards or protection devices, such as interlocked guards or light curtains; then
3. jigs, holders, push-sticks or similar protection appliances;

plus, at every level, “such information, instruction, training and supervision as is necessary”. Guards must be suitable, of good construction and adequate strength, maintained, positioned far enough from the danger zone, and must “not be easily bypassed or disabled”.

Where full guarding is impossible — the blade of a circular saw is HSE’s example — the part must be protected as far as possible and a safe system of work used. HSE’s FAQs warn that a safe system of work “cannot simply be used as an excuse for not using the safeguards provided by the manufacturer”.

What controls, emergency stops and isolation does PUWER require?

Regulations 14 to 19 deal with how equipment is started, stopped and made safe:

• Start and change controls (regulation 14) — where appropriate, starting equipment or making a significant change in speed or pressure must only be possible “by a deliberate action on such control”, apart from the normal cycle of an automatic device.
• Stop controls (regulation 15) — readily accessible controls that bring the equipment to a safe condition in a safe manner, which operate in priority to start controls.
• Emergency stops (regulation 16) — readily accessible emergency stop controls where appropriate, unless unnecessary because of the nature of the hazards and how quickly the normal stop works. They override the normal stop.
• Controls and control systems (regulations 17 and 18) — clearly visible and identifiable, positioned so the operator is not put at risk, and safe.
• Isolation (regulation 19) — “suitable means to isolate it from all its sources of energy” that are “clearly identifiable and readily accessible”, with measures so that re-connection does not put anyone at risk.

An emergency stop is for emergencies. It is not a way of making a machine safe for maintenance, and L22 says that “interlocked guards and emergency stop controls are not suitable as a means of isolation”. Secure isolation — often a padlock on the isolator — is covered in our guide to lockout tagout.

What training does PUWER require?

Regulation 9 requires employers to ensure that everyone who uses work equipment has “received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken”. The same duty covers employees who supervise or manage its use. Regulation 8 adds a duty to provide information and, where appropriate, written instructions, including on “foreseeable abnormal situations and the action to be taken”.

“Adequate” is not defined, and HSE’s page on training and competence says that for most everyday equipment, adequate training “can be delivered in-house using the manufacturer’s instructions and the background knowledge / skills of more experienced workers and managers”. Its FAQs confirm that preparing and checking equipment “doesn’t always mean formal, certificated training”.

The Approved Codes of Practice do set firmer expectations in a few areas:

• Chainsaws — before using a chainsaw on or in a tree, a worker should have received appropriate training and obtained a relevant certificate of competence or national competence award, unless training under adequate supervision (in agriculture this applies only to first-time users).
• Rider-operated lift trucks — the lift truck ACOP says no one should operate one, “even on a very occasional basis”, without completing basic training and testing, unless under adequate supervision while training.
• Woodworking machinery and power presses have their own training requirements in their ACOPs.

HSE adds that training “should normally take place within working hours and at no cost to the employee”, may need refreshing, and matters most for young workers.

What about new, second-hand and hired equipment?

PUWER applies to equipment “whether it is new, existing or second-hand”, according to L22. For new machinery, regulation 10 requires the equipment to conform with the essential requirements of the product supply law that applied when it was first supplied — for machinery, the Supply of Machinery (Safety) Regulations 2008. HSE’s overview says that when you provide new equipment you should check that it:

• has appropriate conformity marking (UKCA or CE in Great Britain) and is labelled with the manufacturer’s details;
• comes with a Declaration of Conformity;
• is provided with instructions in English;
• is free from obvious defects — “and that it remains so during its working life”.

A conformity mark is a starting point, not a guarantee. Regulation 10 judges equipment against the product requirements that applied when it was first supplied or put into service, so second-hand equipment does not have to meet design standards introduced since — but it must still satisfy PUWER’s own requirements on guarding, controls, maintenance and so on. For hired equipment, HSE advises that responsibilities for periodic examinations should be agreed in writing, especially on long-term hire, while pre-use checks normally stay with the user.

How does PUWER fit with LOLER, PAT testing and other laws?

PUWER is the general law for work equipment, and it often sits alongside more specific rules:

• LOLER 1998 adds requirements for lifting equipment. HSE’s FAQs explain that for a lift truck, LOLER covers thorough examination of the chains, forks, mast and cylinders, while PUWER covers maintenance of the whole truck and the non-lifting parts such as brakes and lights.
• The Electricity at Work Regulations 1989 cover electrical safety, including of portable appliances; see our guide to electrical safety at work.
• The PPE Regulations apply to personal protective equipment, and the Pressure Systems Safety Regulations to pressure equipment.

Two other documents carry weight. The PUWER ACOP (L22) has a special legal status under section 16 of the 1974 Act: in HSE’s words, “if you do follow the guidance you will normally be doing enough to comply with the law”. And breaching PUWER is a criminal offence — section 33(1)(c) of the Health and Safety at Work Act makes it an offence “to contravene any health and safety regulations”. HSE or the local authority can also serve improvement and prohibition notices.

Which courses support PUWER compliance?

These three £9 courses work well together for operators, supervisors and managers, each with a verifiable certificate:

• Work Equipment Awareness — the safe use of work equipment and the controls needed to prevent injury.
• Lockout Tagout (LOTO) — safe isolation of hazardous energy during maintenance.
• Risk Assessment Awareness — the 5-step risk assessment process that decides your inspection and training needs.

LOLER Awareness and Abrasive Wheels Awareness are useful alternatives where lifting equipment or grinders are in use. Any three courses cost £18 with the pay-for-2-get-3 offer — add them to the cart and the discount applies automatically. These are awareness courses. They help meet the general information and training duty, but they are not regulated qualifications and they do not replace hands-on training on specific machines, or recognised schemes where an ACOP expects them, such as chainsaw or lift truck training.

Frequently asked questions

What does PUWER stand for?

PUWER stands for the Provision and Use of Work Equipment Regulations 1998. They apply in Great Britain and require work equipment to be suitable, maintained, inspected where necessary, guarded and used only by people with adequate information and training.

What equipment does PUWER cover?

Almost any machinery, appliance, apparatus, tool or installation used at work, including hand tools, ladders, office equipment, machines and vehicles used for work. It includes tools employees bring from home. Livestock, substances, structural items such as walls and stairs, and private cars are not work equipment.

How often do you need a PUWER inspection?

PUWER sets no fixed interval for most equipment. Inspection is required after installation where safety depends on it, at suitable intervals where equipment can deteriorate dangerously, and after exceptional events. HSE says the frequency should be set by risk assessment. Power presses are the main exception, with thorough examinations every 6 or 12 months.

Is a PUWER certificate a legal requirement?

No certificate is required for most equipment. Where an inspection is required under regulation 6, the result must be recorded and kept until the next inspection, and equipment moving between businesses needs physical evidence of its last inspection. Power press inspections under regulation 33 do require a signed certificate.

Do I have to keep a maintenance log for my machinery?

No. HSE says there is no requirement to keep a maintenance log, although it recommends keeping maintenance records for high-risk equipment. If a machine does have a maintenance log, PUWER requires it to be kept up to date.

What is the difference between PUWER and LOLER?

PUWER covers all work equipment. LOLER adds extra rules for lifting equipment, including planned lifting operations and thorough examinations. Lifting equipment is subject to both, so a forklift’s lifting parts are examined under LOLER while its brakes, lights and general maintenance fall under PUWER.

Make every machine safe to use

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This article is general information, not legal advice. It describes the Provision and Use of Work Equipment Regulations 1998 as they apply in Great Britain, using legislation.gov.uk and HSE guidance at the time of writing; Northern Ireland has its own equivalent regulations. Specific equipment may be subject to additional law and Approved Codes of Practice. A Nexis CPD awareness course is CPD accredited but is not a regulated qualification and does not replace equipment-specific practical training.